Laws codifying the rights of the disabled to various aspects of society have been on the books for decades, yet we constantly find that there is a lack of compliance in transportation, buildings, walkways, and even medical office entrances.
When an entrance door is over 6 feet high and thick glass with no handicap access button, how does the individual with a mobility issue enter? I have visited two office doors to medical practices where five physicians provided healthcare, and there was no way for the disabled to enter if they did not have an assistant with them.
This is not only objectionable; this is illegal. When it is an entrance to a medical practice, it would seem this is even more relevant and more of a dismissal of respect for these patients.
After WWII, disabled soldiers discovered that their sidewalks, streets, and corners were inaccessible, prompting the United States to apply curb cuts. Wheelchair users had it rough before curb cuts came along; they had to locate the closest driveway, cross the street in the face of approaching traffic, and then locate the next accessible driveway to cross the street. Even though changes were initiated, not every community or every shopping center has been inclined to include cutouts in sidewalks.
The ADA laws are quite specific as to the requirements regarding doors, styles, door widths, etc., and anyone wishing to familiarize themselves with these requirements can go to the website called “ADA compliance…”
ADA Mandates
What does the ADA mandate? The numerals in front of the requirements indicate the portion of the law it addresses. Here are a few examples of what shops, practices, community centers, and other buildings need to adhere to:
Revolving Doors and Turnstiles. Revolving doors or turnstiles shall not be the only means of passage at an accessible entrance or along an accessible route. An accessible gate or door shall be provided adjacent to the turnstile or revolving door and shall be so designed as to facilitate the same use pattern.
4.13.3 Gates. Gates, including ticket gates, shall meet all applicable specifications of 4.13.
4.13.4 Double-Leaf Doorways. If doorways have two independently operated door leaves, then at least one leaf shall meet the specifications in 4.13.5 and 4.13.6. That leaf shall be an active leaf.
4.13.5 Clear Width. Doorways shall have a minimum clear opening of 32 in (815 mm) with the door open 90 degrees, measured between the face of the door and the opposite stop.
According to media reports, the MTA (Metropolitan Transit Authority) appears to issue inadequate warnings to riders to be cautious when riding the subway in New York City. Transit officials have been dealing with the aftermath of Gov. Kathy Hochul’s orders, which halted dozens of subway accessibility projects. A lawsuit will probably force the agency to address hundreds of subway platform gaps.
The complaint claims the MTA violates the city’s Human Rights Law by neglecting to eliminate “excessive” spaces between subway trains and platforms. Accessibility advocates say this makes the system “dangerous” for disabled and elderly riders. The plaintiffs filed the lawsuit in 2022.
The 2022 agreement laid out the state’s promise to upgrade 95 percent of inaccessible stations with ramps or elevators over the next few decades. Disabled subway commuters can access only 131 of the 493 stations comprising the authority’s system.
The Restrictions on Travel
According to the National Household Travel Survey (NHTS), 18.6 million Americans aged 5 and up (6.1 percent of the total population in that age bracket), 10.0 million Americans aged 18–64 (5.1 percent of the 18–64 age group), and 7.7 million Americans aged 65 and up (14.1 percent of the 65+ age group) reported having a disability that limited their ability to travel.
Individuals who reported disabilities that hindered their ability to travel disclosed the following problems:
They were less likely to be employed, live in a vehicle-owning household, and travel. They took fewer trips because of health issues and came from lower-income households. To compensate for their disabilities, they relied on others for rides, which limited their travel to daytime. They used rideshares and special transportation services like Dial-A-Ride.
However, it’s not just restrictions on travel because ADA applies to things closer to our homes, like the local library or the community center. Within the past week, I have been contacted by two individuals (one on a local Facebook page and one on my Bluesky account).
The woman on the Facebook page was reaching out to people living in her town who might help her. She lives on the upper floor of an apartment building and has mobility issues requiring the building elevator. Unfortunately, the landlord told her the elevator was being repaired and would be out of service for several weeks.
She is, as she said, “a prisoner in my home” and cannot shop, do the laundry or leave the building. The landlord had been unresponsive to her calls, as she said. The townspeople on the page offered various forms of help and directed her to the local ADA town manager.
Another woman with mobility difficulties couldn’t access the ladies’ room in the local library because she couldn’t open the door. When she indicated to library managers her need for accessibility, they informed her there was little they could do.
The town also told her they could do nothing to assist with the library door. The best solution that they offered was to prop the door open, and this, of course, raises privacy and safety issues. No one seemed to offer any help for her, and I indicated it might be helpful to look for state organizations devoted to disability issues’ resolutions. Hopefully, she will find one or more who will provide the needed aid.
Another town that had, several years ago, built a large new community center also failed to notice that both the entrance doors and the doors to the lavatories were not ADA-compliant and could not be opened without assistance.
Local officials estimated that installing a push-button door would cost $17,000 to fix the front door issue. After months of foot-dragging, they did comply and also offered a means for those with vision disabilities to access the door opener.
The work is still being considered for the lavatory doors, which have an additional impediment of a “modesty panel” directly in front of the door when it opens. This means anyone in a wheelchair has an another obstacle at the entrance.
While anyone who is able-bodied fails to appreciate the seriousness and the loss of independence as well as that of self-esteem for those with disabilities, this is still not acceptable. We must adhere to the laws and respect people’s rights.
No one wants to enter into lawsuits in order to obtain remediation of these issues, but that remains an option. Town officials should ask themselves one question: What is more expensive, fixing the door or dealing with a million-dollar lawsuit?